Doran v. Doran
Supreme Court of Iowa
Appeal from Winneshiek District Court. — IIon. . A. N. Hobson, Judge. Action in equity to Have cancelled a mortgage in favor of defendant appearing of record as against plaintiff’s land, and to quiet plaintiff’s title as against any lien or claim of defendant thereon by reason of such pretended mortgage, By cross-petition .the defendant sought to hav§ said, mortgage established and enforced as against the land.
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Appeal from Winneshiek District Court. — IIon. . A. N. Hobson, Judge. Action in equity to Have cancelled a mortgage in favor of defendant appearing of record as against plaintiff’s land, and to quiet plaintiff’s title as against any lien or claim of defendant thereon by reason of such pretended mortgage, By cross-petition .the defendant sought to hav§ said, mortgage established and enforced as against the land. After a hearing on the merits, the relief asked by plaintiff was denied, and defendant was granted a decree for the foreclosure of his mortgage for a portion of the amount claimed.…
1Opinion of the CourtMcClain, J.
The mortgage which plaintiff seeks to have canceled so far as it appears to be a-lien on his land, and which defendant seeks to enforce as against said land by foreclosure, was executed in 1880 by James Doran, the father of plaintiff, and was given to secure the' payment of $1,296 in three years with seven percent interest, payable annually, interest, if not paid when due, to draw interest at the same rate. In 1897 James Doran, the father, conveyed the land covered by the mortgage to this plaintiff by warranty deed, stating a consideration of $1,200, in which it was recited that “this…
2Cases cited27 opinions
- Moss v. AtkinsonCalifornia Supreme Court · 1872
- Lee v. CherryTennessee Supreme Court · 1887
- Senninger v. RowleySupreme Court of Iowa · 1908
- Sibert v. WilderSupreme Court of Kansas · 1876
- Daniels v. JohnsonCalifornia Supreme Court · 1900
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Estate of StratmanSupreme Court of Iowa · 1942
- Weir v. BauerUtah Supreme Court · 1930
- Joyce-Pruit Co. v. MeadowsNew Mexico Supreme Court · 1921
- Koht v. DeanSupreme Court of Iowa · 1935
- Yost v. GaddSupreme Court of Iowa · 1939
13 more not listed; retrieve them via the Exa API.